Total loss
Oregon Total Loss Claims
Autoloss has an office in Oregon, and you are welcome to visit if you would rather meet in person.
In Oregon, if your auto policy has an appraisal clause and the final appraisal decision is higher than the insurer’s last offer, state law can require the insurer to pay the appraisal costs (ORS 742.466). Here is how that process works and what an independent total loss appraisal adds to it.
New Total Loss Laws in Oregon
Under ORS 742.466(2), if your policy has an appraisal provision and the final appraisal decision under it is higher than the insurer’s last offer made before you incurred appraisal costs, the insurer must reimburse your reasonable appraisal costs.
Unsatisfied with your insurance company's offer on your loss? There may be a difference between what your insurance company is willing to pay you and the fair market value of your vehicle! Oregon law requires insurers to give you the valuation reports they relied on and to pay the undisputed amount while a valuation dispute continues.
Oregon's total-loss rules come from House Bill 2190 (2009), which took effect January 1, 2010. The law is enforced by the Division of Financial Regulation of the Department of Consumer and Business Services.
When an insurer declares a vehicle a total loss and offers a cash settlement, it must give the owner any valuation or appraisal reports it relied on, plus a written statement, on a form set by the state, that explains total-loss valuation and the insurer’s duties and tells you how to contact the Division of Financial Regulation (ORS 742.554). If you and the insurer cannot agree on value, the insurer must pay the undisputed amount without waiving your right to pursue more (ORS 742.558).
Learn more about the new law HERE!
New rights when your car is totaled
When Chris’ older sports model BMW was totaled in a collision, he began a two-month long, bewildering process of trying to negotiate the amount he should receive from his insurer for the car. The first offer, which was supposed to be based on the fair market value of the car before the damage, seemed low to Chris.
In the end, his automobile insurance company paid about $1,000 more than originally offered. But the Beaverton resident said he spent that much on the appraisals that resulted in the final offer. “After all the time and money I spent, it was a wash,” he said.
House Bill 2190 took effect January 1, 2010. Since a 2011 amendment, an independent appraisal under a policy’s appraisal provision must be done by a certified or licensed vehicle appraiser (ORS 742.466(1)). The Department of Consumer and Business Services' Insurance Division brought the bill to legislators in the 2009 session based on the hundreds of calls and complaints it receives annually from consumers whose cars are totaled.
Adapted from an Oregon Department of Consumer and Business Services news release, January 2010.
Independent appraisals
Want a number you can defend?
An Autoloss appraisal documents your vehicle’s value with comparable vehicles, prepared from your repair order, photos and records and reviewed by Monica Fisher.
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report.
Not sure whether an appraisal will help?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.